Legal Opinion
Adp-Financial Computer Services, Inc. v. The First National Bank of Cobb County
Court of Appeals for the First Circuit
Decided April 25, 1983No. 82-8120PublishedCited by 20 opinions
1Opinion of the Court
FAY, Circuit Judge:
This is an appeal from a jury verdict in favor of the plaintiff, ADP-Financial Computer Services, Inc., (ADP), in a breach of contract action against the First National Bank of Cobb County for failure to pay agreed-to minimum monthly charges for on-line computer services provided by ADP for a 23 month period. We reject the Bank’s argument that these charges constitute an impermissible penalty under Georgia contract law and affirm the jury’s verdict.
Background
This is a diversity case under Georgia contract law.
In August 1979, ADP, a New Jersey based firm in the business of…
2Cases cited20 opinions
- Salen v. United States Lines Co.Supreme Court of the United States · 1962
- Bennett v. Associated Food Stores, Inc.Court of Appeals of Georgia · 1968
- James E. Dougherty v. Continental Oil Company, Truman Arnold Distributing Co., Inc., Genico Distributors, Inc., and Reed Distributing Co.Court of Appeals for the Fifth Circuit · 1978
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Dixie Belle Mills, Inc. v. Specialty MacHine Co.Supreme Court of Georgia · 1961
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Marjorie O'DOnnell v. Georgia Osteopathic Hospital, Inc., D/B/A Doctors HospitalCourt of Appeals for the Eleventh Circuit · 1984
- Pan Eastern Exploration Co. v. Hufo OilsCourt of Appeals for the Fifth Circuit · 1988
- Debra P., a Minor, by Irene P., Her Mother and Next Friend, Plaintiffs v. Ralph D. Turlington, Individually and as Commissioner of EducationCourt of Appeals for the Eleventh Circuit · 1984
- Columbus Mills, Inc. v. Doy L. Freeland, Raymond R. Lyon, and Margaret F. LyonCourt of Appeals for the Eleventh Circuit · 1990
- Stewart & Stevenson Services, Inc. v. PickardCourt of Appeals for the Eleventh Circuit · 1984
15 more not listed; retrieve them via the Exa API.